United States: The End Of DACA?

A senior administration official told Fox News yesterday that
President Trump is expected to announce the end of the Deferred
Action for Childhood Arrivals (DACA) program as early as
today. The DACA program provides work authorization to nearly
800,000 foreign nationals who entered the U.S. as children, have
completed high school or a GED program, have passed a background
check and do not otherwise have lawful status. While Trump
promised to end DACA during his campaign, he has also stated that
he will make his decision with "big heart." The
official position of the White House is that the president is
"still reviewing" options.

This announcement comes at a critical time for immigration
policy. Just last week, President Trump pardoned Joe Arpaio,
the former Sherriff of Maricopa County, Arizona, a county which
includes the city of Phoenix. According to the U.S. Department of
Justice, Arpaio enacted and oversaw (among other forms of police
misconduct) the worst pattern of racial profiling in U.S.
history. He was convicted of criminal contempt when he and
his office continued to target and detain Hispanic people solely on
the basis of their ethnicity, violating a ruling by the Supreme
Court, a federal court order, and the Fourth Amendment of the
United States Constitution.

Further, Tuesday marks the deadline set by 10 state Republican
attorneys general for the president to end DACA. If not
rescinded by September 5, these attorneys general have informed the
president that they will amend and refile the 2014 lawsuit
challenging DACA's legality.

Finally, the country is still reeling after the devastation and
record rainfall of Hurricane Harvey. Since the beginning of
the rescue efforts, there have been reports that undocumented
foreign nationals fear going to shelters due to fear of deportation
(New York Times, August 31st, 2017,
"Immigrants Battle Deportation Fears in Harvey's
Aftermath"). An end to the DACA program would only
exacerbate the fears of the immigrant populations of Southern Texas
and further complicate the Harvey rescue effort.

The administration's announcement has already prompted
significant opposition. Dozens of tech leaders, including
executives from Apple, Facebook, Amazon, Google, Microsoft, General
Motors and others, urged Trump to continue the DACA program in an
open letter released on Thursday. They noted that without DACA, the
U.S. economy would lose $460.3 billion from the national GDP and
$24.6 billion in Social Security and Medicare tax
contributions. Hundreds more business leaders have also
stated their support of the program. Even GOP congressional
leaders, including Paul Ryan, have urged the president not to
terminate the DACA program, arguing there needs to be a
"legislative solution" first.

At this time, it is still unclear when Trump will take action on
the DACA program and what action he will take. For now, it is
important to note that work authorization under DACA is granted in
up to two-year increments, and it is expected that even if DACA is
rescinded, the administration will allow DACA recipients to
maintain their status and work authorization to their expiration
date.

Green and Spiegel continues to monitor this situation
carefully.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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